Walden v. Walden
Massachusetts Supreme Judicial Court
Petition, filed in the Probate Court for the County of Norfolk on April 21, 1910, by the widow of Ernest L. Walden, who died intestate and without issue on March 6, 1909, praying for the partition of certain real estate in Plainville, which had belonged to James H. Walden, who died on April 20, 1885. In the Probate Court Flint, J., made a decree that, it appearing that the title to the real estate in question was in dispute, the case was removed to the Superior Court.
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Petition, filed in the Probate Court for the County of Norfolk on April 21, 1910, by the widow of Ernest L. Walden, who died intestate and without issue on March 6, 1909, praying for the partition of certain real estate in Plainville, which had belonged to James H. Walden, who died on April 20, 1885. In the Probate Court Flint, J., made a decree that, it appearing that the title to the real estate in question was in dispute, the case was removed to the Superior Court. In the Superior Court the case was submitted upon an agreed statement of facts to Lawton, J., who made an interlocutory order…
1Opinion of the CourtSheldon, J.
Under the will of James H. Walden, who died in 1885, his son, Oscar or Lucius, the respondent, took the half part of one parcel of the testator’s real estate, and the testator’s widow took and enjoyed under the will a life interest in all the residue of his real estate. As to the remainder in this residue, James H. Walden died intestate. Under the statute then in force, (Pub. Sts. c. 124,) that remainder vested, subject to the life estate of his widow, in his two sons, the respondent and Ernest L. Walden, as tenants in common,' and each one of them then took a vested and alienable interest in…
2Cases cited6 opinions
- Holmes v. HolmesMassachusetts Supreme Judicial Court · 1907
- Nesbit v. CandeMassachusetts Supreme Judicial Court · 1910
- Watson v. WatsonMassachusetts Supreme Judicial Court · 1889
- Peabody v. CookMassachusetts Supreme Judicial Court · 1909
- Baker v. BakerMassachusetts Supreme Judicial Court · 1897
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3Cited by6 opinions
- Hite v. HiteMassachusetts Supreme Judicial Court · 1938
- Seavey v. O'BrienMassachusetts Supreme Judicial Court · 1940
- Naylor v. NourseMassachusetts Supreme Judicial Court · 1918
- Spring v. CurryMassachusetts Supreme Judicial Court · 1927
- Glover v. GloverMassachusetts Supreme Judicial Court · 1913
1 more not listed; retrieve them via the Exa API.